Sunday, March 04, 2012

When defendants pays a "DNA collection fee" as part of their court costs, one may not like it but at least one might suppose it goes to pay for DNA collection. Not necessarily, reports Eric Dexheimer at the Austin Statesman ("Hard up defendants pay as state siphons court fees for other uses," March 4) in an excellent extended story on the unhappy combination of excessive court costs for indigent defendants and the Legislature's penchant of raiding those funds for pet projects:

Over the years, legislators have used tens of millions of dollars collected from criminals to fund a slew of projects, many with only the faintest connection to the courts. Texas judicial administrators estimate that 1 in every 3 dollars raised through such state fees is spent on projects outside the court system — a practice critics say amounts to an undeclared tax on the state's poor that might violate the law. Cities and counties whose courts raise much of the state money, meanwhile, complain that their courts are drastically underfunded.

Today, court costs pay for the rehabilitation of patients with head injuries. They fund research on obesity among minority children in Houston and cover the salaries of game wardens. They support three academic centers at state universities and after-school programs for kids. And they were used to pay a private company $2 million to install cameras along the Mexico border so citizen "virtual deputies" could watch online and report illegal crossings.

Last year, elected officials raided a $20 million pot collected from criminal defendants to pay for state employee pensions.

Thanks to such maneuvering, in Texas courts, a "DNA collection fee" does not necessarily pay for DNA tests, a "breath alcohol testing fee" does not always cover breath alcohol tests, and people judged guilty of victimless crimes contribute millions of dollars every year to "victims compensation."

"We have a ‘school crossing fee' that nobody — nobody — can tell me what comes of it," said state Sen. John Whitmire, chairman of the Senate Jurisprudence Committee.

In the anti-tax, pro-spending atmosphere of the 21st century Texas Legislature, this practice has become essentially rampant, and from Dexheimer's reporting appears to have reached a tipping point: "the steadily accumulating costs, charges and fees have meant that the money the state collects from defendants has ballooned nearly 50 percent in the past five years." With inflation in the low single digits and unemployment high, that's a harsh combination.

There are thousands if not millions of offenders ordered to pay the DNA fee that never have the DNA kit administered to them. Isn't it illegal to collect these fee unless a direct cost is incurred by that offender?

This fuels wasteful government expansion that is NOT based on need. "Oh gee, we can get more money so we gots to figure out a way to spend it."

Add to that pile of revenue commissary profits and profits from forcing inmates to manufacture goods and services for the private marketplace, you are looking at an ungodly amount of money unknown to the public.

Fees and commissary are the two primary methods of spending money without any checks & balances or accountability.

Wonder how many people will end up be re-arrested and put further into the system with the new "scoff" law going into effect.

If you can't afford to pay, counties are going to help you out by witholding your vehicle registration. If you are having trouble paying now, somehow taking your vehicle out of commission is going to make you better able to pay your fees.

Granted people break the law and have to make retribution to society but this sort of stuff just turns the stomach. Honestly, the lege needs to reform and curtail these frivilous fees. It sets offenders up for failure and encourages wastefu spending from the people receiving the money.

Reminds me of the $3120.00 that I gave the state in the SCAM called "Driver Responsibility Fee". Did my money go to it's intended use? Of course NOT! I probably helped pay for those sleek and beautiful black boats that will be patrolling the border lakes. What a tremendous waste of $$$$.

i have a friend who's kid is in jail in greenville county and the amount of the commissary he asks his dad for are astounding! $100 twice a week is the regular request; plus he's hitting grandmother up for as much as he can get. i don't know if they are not providing the inmates enough, or if he's using guilt to milk his family?

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